© The Author 2007. Published by Oxford University Press.
A Model for Dealing with the Past in the Israeli–Palestinian Context
* Research Fellow, Hotung Program in Law, Human Rights and Peace-Building in the Middle East, School of Oriental and African Studies, University of London, UK. E-mail: rd25{at}soas.ac.uk
This article explores the potential applicability of transitional justice ideas to the Israeli–Palestinian context. I argue that given the particularities of the Israeli–Palestinian setting, truth and reconciliation would be an essential component of peacemaking even though this is an inter-societal conflict which will likely be resolved only through separation into two states. Nevertheless, the interstate nature creates challenges to the application of common transitional justice mechanisms. In response to these challenges I offer a model based on an incremental process of narrow mechanisms throughout a long process of transition, rather than one high-profile all-encompassing mechanism in the post-conflict stage. I also suggest that in addition to issues to be explored jointly by the two societies, such as refugees, prisoner release and compensation for victims of violence, there could also be internal truth and reconciliation processes within each society. Finally, this model is premised on an important role for civil society initiatives.
1 I would like to thank the International Center for Transitional Justice and the Institute for Justice and Reconciliation for co-sponsoring a research fellowship in South Africa which has widely contributed to the development of the ideas presented here. I would also like to thank Rouba Al-Salem, Noam Hoffstater and Sarah Marcus, as well as the Journal's editors and reviewers, for useful comments on earlier versions of this paper.